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Overview of the international legal framework

Overview of the international legal framework. Katrien Beeckman, Ph.D., IDRL Advocacy & Resource Mobilisation Senior Officer. Global Western dominated Regional Self reliance non-western at regional level and national level Bilateral.

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Overview of the international legal framework

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  1. Overview of theinternational legal framework Katrien Beeckman, Ph.D., IDRL Advocacy & Resource Mobilisation Senior Officer

  2. Global Western dominated Regional Self reliance non-western at regional level and national level Bilateral No comprehensive legal regime:International humanitarian assistance Soft Sectoral

  3. International Relief Union1927

  4. 1984 Draft Convention Issues covered: • Visas • Customs • Transport • Quality • Liability Actors covered: • States • IOs • NGOs But GA did not adopt it.

  5. Global Hard Law: mainly sector specific Convention on Oil Pollution (1990) Kyoto Convention (1973) Tampere Convention (1998) Convention on Maritime Traffic (1965) Nuclear Accident Convention (1986) Conventions on UN Privileges and Immunities (1946 & 1947) Chicago Convention, Annex 9 (2004) Framework Convention on Civil Defense (2000) Int. Health Regs (2005)

  6. Global Soft Law Resolutions Measures to Expedite International Relief (1977) GA Resolutions 46/182 (1991) & 57/150 (2002) (INSARAG) Hyogo Framework for Action (2005) Codes & Standards Red Cross/NGO Code of Conduct (1994) Sphere Charter and Minimum Standards (2000) Principles of Good Humanitarian Donorship (2005) Guidelines & Models WCO/OCHA Model Customs Agreement (1996) Oslo Guidelines on the Use of Military and Civil Defense Assets in Disaster Relief (1994, 2006)

  7. 2. Regional Law

  8. 3. Bilateral level • Treaties, MOUs (IOs) • Request and Response • Waive/reduce • visa requirements • Custom restrictions & duties • Mutually waive liability/receiving state indemnifies • Overall costs to assisting State

  9. Gaps in the international framework For binding legal instruments • Few parties • Limited scope(sector specific) • Lack of legal recognition of certain actors • Lack of domestication and uniformity For soft legal instruments • No enforcement mechanism For hard and soft legal instruments 5. & 2. Lack of awareness and application in the field

  10. THANK YOU FOR YOUR PRECIOUS SUPPORT AND INPUT !

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